POD HEALTH WEBSITE TERMS OF USE

Last updated: 7.7.2026

POD Health, together with its applicable affiliates and related entities, as applicable (collectively, “POD Health,” “we,” “our,” or “us”), makes available the website located at https://podhealth.com/ and any pages, features, content, tools, forms, resources, media, blog posts, career pages, provider referral pages, patient inquiry pages, testimonial pages, SMS-consent features, contact pages, and related online features that link to or reference these Terms of Use (collectively, the “Site”).

IMPORTANT MEDICAL AND EMERGENCY NOTICE: THE SITE IS NOT FOR MEDICAL EMERGENCIES OR URGENT MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE THE SITE, ANY FORM, EMAIL, TEXT MESSAGE, REMOTE MONITORING DEVICE, OR OTHER NON-EMERGENCY COMMUNICATION CHANNEL TO SEEK EMERGENCY CARE.

PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY. BY ACCESSING OR USING THE SITE, SUBMITTING INFORMATION THROUGH THE SITE, REQUESTING INFORMATION OR CONTACT, CLICKING TO INDICATE ACCEPTANCE, OR OTHERWISE MANIFESTING ASSENT TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

These Terms apply only to the Site. Separate websites, portals, telehealth platforms, remote patient monitoring systems, patient portals, mobile applications, intake workflows, clinical services, provider services, billing or insurance processes, job application platforms, social media pages, promotions, or other services operated by POD Health or third parties may be subject to separate terms, consents, notices, privacy policies, or other requirements. If there is a conflict between these Terms and any additional terms that expressly apply to a particular feature, page, service, clinical interaction, device, platform, or agreement, the additional terms will control solely with respect to that feature, page, service, clinical interaction, device, platform, or agreement.

1. ELIGIBILITY, SCOPE, AND COMMUNICATIONS

1.1. Acceptance and Authority. You may use the Site only if you can form a binding contract with POD Health or if your parent or legal guardian has reviewed and agreed to these Terms on your behalf. If you access or use the Site on behalf of a company, healthcare provider, medical practice, organization, caregiver, patient, family member, or other legal entity or person, you represent that you have authority to do so and to provide any information that you submit through the Site, and “you” includes that entity or person to the extent applicable.

1.2. Children. The Site is intended for a general audience and is not directed to children. If you are under the age of majority in your place of residence, you may use the Site only with the consent and supervision of a parent or legal guardian. You may not submit personal information or health-related information through the Site unless you have the legal right to do so or have obtained any legally required consent.

1.3. Informational Site and Services Overview. The Site may include information about POD Health, its virtual care, remote patient monitoring, chronic care management, primary care, community health integration, nutrition, emotional health, pop-up clinic, provider-referral, patient-support, care-coordination, career, blog, testimonial, and related services and activities. Unless expressly stated otherwise, the Site is not itself an online pharmacy, emergency service, hospital, insurance product, securities platform, employment offer, professional advice service, or final eligibility, coverage, reimbursement, or clinical determination.

1.4. Separate Clinical Terms, Consents, and Notices. Healthcare services, telehealth visits, remote patient monitoring services, device use, care coordination, billing, insurance verification, and patient-provider communications may be subject to separate consent forms, treatment agreements, telehealth consents, financial responsibility terms, device instructions, notices of privacy practices, privacy policies, provider instructions, or other documentation. Those materials may establish important rights, responsibilities, limitations, and obligations in addition to these Terms.

1.5. Electronic Communications and SMS Consent. By submitting a form, sending an inquiry, requesting contact, providing a phone number or email address, consenting to receive SMS messages, referring a patient, applying for employment, submitting a testimonial, or otherwise communicating with us through the Site, you consent to receive electronic communications from us, including responses to your inquiry and other administrative, transactional, service-related, care-coordination, eligibility, billing, or support communications. If you provide a telephone number and consent to receive calls or text messages, you authorize POD Health and its service providers to contact you at that number, including by text message and, where permitted, automated technology, for the purposes described at the time of consent or otherwise permitted by law. Message and data rates may apply. Marketing communications will be sent only where permitted by applicable law and may be subject to your communication preferences and unsubscribe or opt-out rights.

2. ACCESS TO AND USE OF THE SITE

2.1. Access to the Site. Access to public portions of the Site is generally provided free of charge. Certain pages, resources, forms, referral features, career pages, blogs, contact features, testimonial features, or other online features may be available only in particular languages, territories, states, eligibility categories, or formats, or may redirect to third-party websites or separate POD Health websites, platforms, or service providers that are not governed by these Terms.

2.2. Forms, Accounts, and Interactive Features. The Site may offer or link to features that allow you to submit information, request contact, consent to SMS messages, request a consultation, refer a patient, submit comments, provide a testimonial, apply for employment, access resources, or otherwise interact with POD Health or third parties. If any feature requires registration, credentials, or verification, you agree to provide accurate, current, and complete information; maintain the security of any credentials; promptly update information as necessary; and notify us if you suspect unauthorized access or misuse.

2.3. Limited License. Subject to your compliance with these Terms, POD Health grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Site for your personal, informational, non-commercial use or for legitimate business or healthcare-provider purposes consistent with these Terms. No rights are granted except as expressly stated in these Terms.

2.4. Site Changes and Availability. We may update, modify, suspend, discontinue, restrict, or remove any part of the Site at any time without notice. We do not guarantee that the Site or any content will be available, uninterrupted, secure, accurate, complete, current, or error-free. The Site may be unavailable due to maintenance, updates, technical issues, security issues, internet failures, service-provider issues, acts of third parties, or circumstances outside our reasonable control.

2.5. Suspension and Termination. We may suspend or terminate your access to the Site or any feature if we believe you have violated these Terms, violated applicable law, created risk for POD Health or others, interfered with the Site, submitted inaccurate or inappropriate information, sought to misuse the Site for urgent or emergency communications, or engaged in fraudulent, abusive, or unauthorized activity. You may stop using the Site at any time.

2.6. Prohibited Conduct. You may not: (a) use the Site for any unlawful, fraudulent, deceptive, harmful, infringing, abusive, harassing, or unauthorized purpose; (b) use the Site to seek emergency medical care or to submit information that requires immediate clinical response; (c) copy, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or non-public technology from the Site, except to the extent such restriction is prohibited by applicable law; (d) use any robot, spider, scraper, crawler, data-mining tool, artificial intelligence training tool, or other automated or manual process to access, harvest, index, copy, monitor, or compile content from the Site except as permitted by publicly available search-engine indexing instructions or our express written authorization; (e) interfere with, disrupt, damage, overload, impair, or circumvent the Site, its security, or any server or network connected to the Site; (f) introduce viruses, malware, worms, Trojan horses, back doors, logic bombs, or other harmful code; (g) impersonate any person or entity or misrepresent your affiliation, identity, credentials, licensure, professional status, authority, or relationship to a patient; (h) access or attempt to access non-public areas, accounts, systems, data, or materials without authorization; (i) remove, obscure, or alter copyright, trademark, proprietary-rights, or legal notices; (j) frame, mirror, deep link, or otherwise make available the Site or any content in a manner that suggests sponsorship, endorsement, clinical affiliation, or provider relationship without our written permission; (k) use the Site or POD Health Materials to develop, train, improve, or benchmark a competing product or service without authorization; or (l) otherwise use the Site in a manner inconsistent with these Terms or applicable law.

3. HEALTHCARE, TELEHEALTH, REMOTE PATIENT MONITORING, AND INSURANCE

3.1. No Emergency Use. The Site, online forms, emails, text messages, remote patient monitoring communications, and other non-emergency channels are not intended for medical emergencies, urgent symptoms, crisis situations, or time-sensitive communications. Submissions through the Site may not be reviewed immediately. If you believe you or another person may be experiencing a medical emergency, call 911 or go to the nearest emergency room immediately.

3.2. No Provider-Patient Relationship from Site Use Alone. Accessing or using the Site, submitting an online form, requesting information, reading content, receiving a response to an inquiry, or communicating with POD Health through non-clinical Site features does not, by itself, create a provider-patient relationship or establish a duty to provide medical care, monitoring, diagnosis, treatment, or follow-up. A provider-patient relationship, if any, is established only as permitted by applicable law and through appropriate clinical onboarding, consent, eligibility, and provider acceptance processes.

3.3. Telehealth and Remote Patient Monitoring Limitations. Telehealth and remote patient monitoring depend on many factors, including patient eligibility, location, consent, technology, connectivity, device use, device availability, clinical appropriateness, provider availability, and applicable law. Remote patient monitoring devices, dashboards, readings, reminders, alerts, and care-team communications may be delayed, incomplete, inaccurate, interrupted, or unavailable. You should follow provider instructions, device instructions, and applicable care plans, and you should not rely solely on the Site, a device, a dashboard, an alert, or a text message to determine whether to seek care.

3.4. Eligibility, Insurance, and Payment Information. The Site may describe services as covered by Medicare, Medicaid, self-pay, or other payment arrangements, or may include eligibility-screening questions. Such information is general and does not guarantee eligibility, coverage, reimbursement, continued coverage, lack of out-of-pocket responsibility, availability of a particular service, or acceptance into any program. Coverage, benefits, patient responsibility, and availability may vary by payer, plan, service, state, provider, diagnosis, medical necessity, documentation, and applicable law. You are responsible for reviewing and complying with any applicable payer, consent, billing, and financial-responsibility documentation.

3.5. Geographic and Licensure Restrictions. Services described on the Site may not be available in every state, territory, jurisdiction, setting, or circumstance. Provider licensure, patient location, scope-of-practice rules, payer rules, and telehealth laws may limit whether and how services can be provided. We may decline, limit, or discontinue a requested service or communication if we determine that it is not available, appropriate, permitted, or supported.

3.6. Caregivers, Family Members, and Provider Referrals. If you submit information about another person, refer a patient, ask that information be shared with a healthcare provider, caregiver, family member, practice, facility, or other recipient, or request that POD Health contact another person, you represent that you have the authority and any legally required consent to do so. You are responsible for the accuracy and lawfulness of any referral, contact information, authorization, or other submission you provide.

4. POD HEALTH CONTENT, INTELLECTUAL PROPERTY, AND SITE INFORMATION

4.1. POD Health Materials. The Site and all information, data, text, photographs, videos, graphics, illustrations, logos, icons, trademarks, service marks, trade names, audio, scripts, designs, layouts, interfaces, software, databases, files, downloads, pages, forms, blog posts, testimonials, resources, and other content or materials made available on or through the Site (collectively, “POD Health Materials”) are owned by POD Health, its affiliates, or its licensors and are protected by intellectual property and other laws.

4.2. Trademarks. The names, logos, product names, service names, slogans, and trade dress of POD Health and its affiliates, including POD HEALTH, POD, PROVIDERS ON DEMAND, and other marks displayed on the Site, are trademarks or other proprietary identifiers of POD Health, its affiliates, or their respective owners. You may not use or reproduce any POD Health name, logo, trademark, or other proprietary identifier without POD Health’s prior written authorization, except as permitted by applicable law.

4.3. No Transfer of Ownership. Except for the limited license in Section 2.3, nothing in these Terms transfers or grants to you any right, title, or interest in or to the Site, POD Health Materials, POD Health trademarks, or any related intellectual property rights. All rights not expressly granted are reserved by POD Health and its licensors.

4.4. Permitted Informational Use. You may view Site pages and download or print reasonable copies of publicly available POD Health Materials solely for personal, informational, non-commercial use or legitimate internal business or healthcare-provider reference, provided that you do not remove proprietary notices, modify the materials, imply POD Health’s endorsement, misrepresent clinical or business affiliation, or use the materials in a misleading, unlawful, or competitive manner. Any other reproduction, distribution, public display, public performance, adaptation, republication, or commercial use requires POD Health’s prior written authorization.

4.5. Healthcare, Service, Device, and Program Information. The Site may describe POD Health’s virtual care, primary care, chronic condition support, remote patient monitoring, community health integration, nutrition, emotional health, pop-up clinic, provider-referral, device, insurance, eligibility, technology, care-coordination, and related services, and may include information about conditions, devices, benefits, patient experiences, provider experiences, clinical teams, response times, outcomes, and program features. Such information is provided for general informational purposes only, may vary by state, provider, payer, plan, patient, device, diagnosis, clinical appropriateness, and over time, and may change without notice. Before making healthcare, insurance, or treatment decisions, you should consult qualified healthcare professionals and review all applicable clinical, consent, payer, and service documentation.

4.6. No Professional Advice. Except for healthcare services actually provided to you by a qualified provider in an established provider-patient relationship and subject to applicable clinical terms and consents, content on the Site is not medical, mental health, nutritional, dietary, legal, tax, financial, insurance, employment, or other professional advice. You should not rely on Site content as a substitute for advice, diagnosis, treatment, or judgment of qualified professionals or for your own independent evaluation.

4.7. Testimonials, Metrics, and Examples. Testimonials, reviews, provider statements, patient stories, metrics, examples, awards, affiliations, and similar content displayed on the Site are provided for informational purposes only, may reflect individual experiences, may not be representative, and do not guarantee similar outcomes, patient satisfaction, reduced hospitalizations, reduced costs, coverage, clinical results, continued availability, or future performance.

5. USER SUBMISSIONS, FEEDBACK, TESTIMONIALS, AND THIRD-PARTY MATERIALS

5.1. User Submissions. The Site may allow you to submit inquiries, comments, requests, contact information, patient information, provider information, caregiver information, eligibility information, insurance-related information, employment information, referral information, files, testimonials, reviews, feedback, or other content (collectively, “User Submissions”). You retain any rights you have in your User Submissions, subject to the rights granted to POD Health in these Terms and any separate terms, consents, or notices that apply to the relevant feature or platform.

5.2. Responsibility for User Submissions. You are solely responsible for your User Submissions and represent that you have all rights, permissions, and consents necessary to submit them and to grant the rights described in these Terms. You may not submit any User Submission that is unlawful, false, misleading, defamatory, obscene, harassing, abusive, threatening, discriminatory, hateful, infringing, confidential without authorization, invasive of privacy, harmful to minors, clinically urgent, or otherwise objectionable, or that contains malware or other harmful code.

5.3. License to User Submissions. By submitting User Submissions, you grant POD Health and its affiliates a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, translate, publish, display, distribute, store, transmit, analyze, and otherwise process the User Submissions for the purposes of operating, securing, improving, and administering the Site; responding to your inquiry; evaluating requests; processing referrals; coordinating communications; evaluating eligibility; maintaining records; enforcing rights; complying with law; and carrying out other lawful business, healthcare operations, or service-related purposes, subject to applicable privacy, healthcare, and data-protection laws and any separate terms, consents, or notices that apply.

5.4. Feedback. If you submit ideas, suggestions, comments, proposals, or other feedback about POD Health, the Site, services, devices, content, technology, initiatives, or business activities (collectively, “Feedback”), you agree that POD Health may use Feedback without restriction, attribution, or compensation to you, provided that POD Health’s use of personal information remains subject to applicable privacy, healthcare, and data-protection laws.

5.5. Testimonials and Reviews. If you submit a testimonial, review, endorsement, story, rating, or similar content, you authorize POD Health to use, reproduce, publish, display, distribute, and otherwise use that content and your submitted name, likeness, voice, credentials, location, service category, or other submitted information in connection with the Site, marketing, and related business purposes, subject to any consent, privacy, or healthcare requirements that apply. You may contact us using the contact information below to request that we update or remove a testimonial, but we may retain copies as required or permitted by law.

5.6. No Obligation to Monitor. We may, but are not obligated to, review, monitor, edit, reject, remove, or refuse User Submissions or other content submitted through the Site at any time and for any reason, including if we believe the content violates these Terms, applicable law, or the rights or interests of POD Health or any third party.

5.7. Third-Party Materials and Links. The Site may include links to, integrations with, or content from third-party websites, social media platforms, embedded tools, maps, videos, job platforms, telehealth platforms, patient portals, device manufacturers, analytics providers, hosting providers, form providers, payment or insurance tools, referral systems, electronic health record systems, or other resources (collectively, “Third-Party Materials”). Third-Party Materials are provided for convenience only. POD Health does not control and is not responsible for Third-Party Materials, their content, availability, security, accuracy, practices, or policies. Your use of Third-Party Materials is at your own risk and may be governed by separate terms, consents, and policies.

6. PRIVACY, COOKIES, AND DATA PROTECTION

6.1. Privacy Policy and Privacy Notices. POD Health’s collection, use, disclosure, retention, and protection of personal information in connection with the Site is described in the privacy policy and any other applicable privacy notices posted on or linked from the Site. Please review those notices carefully.

6.2. Cookies and Similar Technologies. The Site may use cookies, tags, pixels, local storage, analytics tools, consent-management tools, and similar technologies. Where required by applicable law, POD Health will request consent or provide choices regarding non-essential cookies or similar technologies. Your choices may affect the functionality or personalization of the Site.

6.3. Health Information and HIPAA. Certain information collected, created, received, maintained, or transmitted in connection with healthcare services may be protected health information subject to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”) or other healthcare privacy laws. To the extent a separate notice of privacy practices, authorization, consent, business associate agreement, or other healthcare privacy document applies, that document will govern the use and disclosure of protected health information to the extent required by applicable law. Not all information submitted through or collected by the Site is necessarily protected health information under HIPAA.

6.4. International Access. The Site is hosted in the United States and is intended for users located in the United States. If you access the Site from outside the United States, you are responsible for complying with local laws that apply to your access and use. POD Health does not represent that the Site, POD Health Materials, or services described on the Site are appropriate or available in every jurisdiction.

7. REPRESENTATIONS

7.1. Your Representations. You represent and warrant that: (a) you have the right, authority, and capacity to agree to these Terms; (b) the information you provide to POD Health is truthful, accurate, current, and complete; (c) you will comply with these Terms and all applicable laws; (d) your access to and use of the Site will not violate any contract, legal obligation, professional obligation, payer requirement, patient authorization, or third-party right; (e) you will not use the Site to obtain unauthorized access to any system, data, account, or content; and (f) you will not use the Site or POD Health Materials in a manner that infringes, misappropriates, or otherwise violates any intellectual property, privacy, publicity, confidentiality, healthcare, or other rights of POD Health or any third party.

7.2. Submission Representations. If you provide User Submissions or Feedback, you further represent and warrant that: (a) you own or otherwise have sufficient rights to provide the User Submissions or Feedback; (b) you have obtained all necessary consents, authorizations, and permissions; (c) the User Submissions or Feedback are accurate to the best of your knowledge and are not misleading; and (d) POD Health’s receipt and permitted use of the User Submissions or Feedback will not violate applicable law or the rights of any third party.

7.3. Information About Others. If you submit information about a patient, family member, caregiver, healthcare provider, employee, applicant, organization, or any other person or entity, you represent that you are authorized to provide that information and that your submission complies with all applicable privacy, healthcare, consumer-protection, employment, and communications laws.

8. DISCLAIMERS OF WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND POD HEALTH MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, RELIABILITY, OR ERROR-FREE OPERATION.

WITHOUT LIMITING THE FOREGOING, POD HEALTH DOES NOT WARRANT THAT THE SITE OR POD HEALTH MATERIALS WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR ANY SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY INFORMATION OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, CLINICALLY APPROPRIATE, OR SUITABLE FOR ANY PARTICULAR PURPOSE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS OBTAINED AT YOUR OWN RISK.

POD HEALTH DOES NOT WARRANT THAT ANY TELEHEALTH, REMOTE PATIENT MONITORING, DEVICE, ALERT, DASHBOARD, COMMUNICATION, ELIGIBILITY, COVERAGE, OR CARE-COORDINATION INFORMATION DESCRIBED ON OR ACCESSIBLE THROUGH THE SITE WILL BE AVAILABLE, ERROR-FREE, APPROPRIATE FOR YOU, OR SUFFICIENT FOR ANY MEDICAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY WARRANTY, GUARANTEE, CONDITION, RIGHT, OR REMEDY THAT CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED UNDER APPLICABLE LAW. WHERE SUCH RIGHTS APPLY, ALL DISCLAIMERS IN THESE TERMS ARE SUBJECT TO THOSE RIGHTS.

9. INDEMNITY AND LIMITATION OF LIABILITY

9.1. Indemnity. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS POD HEALTH, ITS AFFILIATES, RELATED PROFESSIONAL ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CLINICIANS, AGENTS, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO OR USE OF THE SITE; (B) YOUR USER SUBMISSIONS OR FEEDBACK; (C) YOUR VIOLATION OF THESE TERMS; (D) YOUR VIOLATION OF APPLICABLE LAW OR THIRD-PARTY RIGHTS; (E) YOUR REFERRAL, SUBMISSION, OR DISCLOSURE OF INFORMATION ABOUT ANOTHER PERSON WITHOUT PROPER AUTHORITY; OR (F) YOUR NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR MISREPRESENTATION.

9.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POD HEALTH AND ITS AFFILIATES, RELATED PROFESSIONAL ENTITIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CLINICIANS, AGENTS, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, PROGRAMS, BUSINESS, OPPORTUNITY, OR OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO THE SITE, POD HEALTH MATERIALS, THIRD-PARTY MATERIALS, USER SUBMISSIONS, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3. Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POD HEALTH’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE, POD HEALTH MATERIALS, THIRD-PARTY MATERIALS, USER SUBMISSIONS, OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR, IF GREATER, THE MINIMUM AMOUNT THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

9.4. Mandatory Law. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY TO THE EXTENT SUCH LIMITATION OR EXCLUSION IS PROHIBITED BY APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE WHERE NOT LIMITABLE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1. Governing Law. Except to the extent mandatory law provides otherwise, these Terms and any dispute, claim, or controversy arising out of or relating to the Site, POD Health Materials, User Submissions, or these Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law rules that would require application of another jurisdiction’s laws.

10.2. Courts. Except to the extent applicable mandatory law gives you the right to bring proceedings in another forum, any dispute arising out of or relating to the Site or these Terms will be submitted to the competent state or federal courts located in the State of New York. You and POD Health each retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, unauthorized use, unauthorized disclosure, data-security harm, or violation of intellectual property rights, confidentiality rights, privacy rights, healthcare information rights, or other rights.

10.3. Consumer Rights. If you are a consumer, nothing in these Terms deprives you of the protection of mandatory provisions of the law of the jurisdiction where you reside or any non-waivable rights to which you are entitled under applicable law.

10.4 Class, Collective, Representative, and Consolidated Action Waiver; Time Limitation on Claims. To the maximum extent permitted by applicable law, you and POD Health agree that any dispute, claim, or cause of action arising out of or relating to the Site, these Terms, POD Health Materials, Third-Party Materials, User Submissions, communications with POD Health, or your access to or use of the Site must be brought only on an individual basis. You and POD Health each waive any right to bring, maintain, participate in, or receive relief from any class, collective, consolidated, representative, private attorney general, mass, or multi-plaintiff action, lawsuit, arbitration, or proceeding, whether as a named plaintiff, class member, collective member, representative, private attorney general, or otherwise. No court or other tribunal may consolidate more than one person’s claims, preside over any form of class, collective, consolidated, representative, private attorney general, mass, or multi-plaintiff proceeding, or award relief on behalf of any person or entity other than the individual party seeking relief, except to the extent such restriction is prohibited by applicable law.

To the maximum extent permitted by applicable law, any dispute, claim, or cause of action arising out of or relating to the Site, these Terms, POD Health Materials, Third-Party Materials, User Submissions, communications with POD Health, or your access to or use of the Site must be filed within one year after the claim or cause of action accrues; otherwise, the claim or cause of action is permanently barred. This one-year limitation period applies regardless of the form of action and applies to all claims, whether based in contract, tort, statute, equity, common law, or any other legal theory, except to the extent a longer limitation period is required by non-waivable applicable law.

If any portion of this Section is found to be invalid, illegal, or unenforceable as to a particular claim or request for relief, that portion will be enforced to the maximum extent permitted by applicable law and severed only to the extent necessary, and the remaining portions of this Section will remain in full force and effect.

11. MISCELLANEOUS

11.1. Changes to these Terms. We may revise these Terms from time to time by posting an updated version on the Site or by providing other notice as required by applicable law. Unless otherwise stated in the updated Terms, changes apply when posted and do not apply retroactively to events that occurred before the changes. Your continued use of the Site after updated Terms are posted constitutes your acceptance of the updated Terms to the extent permitted by applicable law.

11.2. Entire Agreement. These Terms, together with any policies and additional terms expressly incorporated by reference or posted on the Site, constitute the entire agreement between you and POD Health regarding the Site and supersede all prior or contemporaneous understandings regarding the Site.

11.3. Waiver and Severability. POD Health’s failure to enforce any provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be modified or severed to the minimum extent necessary to make these Terms valid and enforceable.

11.4. Assignment. You may not assign, transfer, or delegate your rights or obligations under these Terms without POD Health’s prior written consent. Any attempted assignment, transfer, or delegation without such consent is void. POD Health may assign, transfer, or delegate these Terms or its rights and obligations at any time, subject to applicable law.

11.5. No Agency. You and POD Health are independent parties. These Terms do not create any agency, partnership, joint venture, employment, franchise, fiduciary, provider-patient, caregiver, insurer-insured, or other similar relationship between you and POD Health.

11.6. Survival. Any provisions of these Terms that by their nature should survive termination or expiration will survive, including provisions regarding ownership, intellectual property, User Submissions, Feedback, testimonials, disclaimers, indemnity, limitation of liability, governing law, dispute resolution, and interpretation.

11.7. Language. These Terms may be made available in more than one language. To the extent permitted by applicable law, the version designated by POD Health as controlling will govern. Any translation is provided for convenience only.

11.8. Contact Us. If you have questions about these Terms or the Site, you may contact POD Health at: 3611 14th Avenue, Suite 550, Brooklyn, NY 11218; telephone: 718-819-6144; email: info@podhealth.com. For healthcare, appointment, referral, eligibility, billing, privacy, media, applicant, or other inquiries, please use the relevant contact form or contact channel made available on the Site. Do not use these contact methods for emergencies. For emergencies, call 911 or go to the nearest emergency room.